
Regulations 


■T MEADE 
GenCol1 


National Military Parks 


And the Statutes under which they were 
Organized and are Administered 


REVISED EDITION : 1915 


WASHINGTON 

GOVERNMENT PRINTING OFFICE 
1915 















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War Department, 
Washington , July 30, 1915. 

The following revised regulations for the national military parks 
under the jurisdiction of this department are published for the infor¬ 
mation and guidance of all concerned, and all regulations heretofore 
issued which are inconsistent therewith are hereby revoked. 

They will be strictly observed and enforced by the o licers and 
employees of the several parks. 

Henry Breckinridge, 

Assistant Secretary of War. 

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V 


REGULATIONS. 































































































































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REGULATIONS. 


OFFICE ADMINISTRATION. 

The chairman of each of the several national military park com¬ 
missions shall act as the chief executive officer thereof, except when 
specific directions to the contrary in any particular case have been 
issued or shall be issued by the Secretary of War. He shall sign all 
official communications on behalf of the commission and shall ap¬ 
prove all accounts and vouchers for expenditures which are submitted 
to the department for payment. He shall deposit to the credit of the 
Treasurer of the United States, at the close of each month, all moneys 
received during the month from rents, fines, and other miscellaneous 
sources, and shall forward an itemized account thereof to the Secre¬ 
tary of War, showing the source or sources from which such moneys 
were received, supporting all expenditures, if any, made from such 
receipts by vouchers therefor. 

MONUMENTS, MARKERS, AND TABLETS. 

1. Statements of the proposed dimensions, designs, inscriptions 
upon and material for all monuments, markers, and tablets shah be 
submitted in duplicate to the commissioners of the parks in which 
they are to be erected, and, in the case of monuments, plans and 
elevations showing exact measurements and a careful estimate of 
weight shall also he submitted. The commissioners will report the 
cases submitted, with their recommendations, to the Secretary of 
War, and upon his approval such monuments, markers, or tablets 
may be erected, but not until such approval shall have been given. 

2. Monuments, markers, and other permanent memorials in the 
several parks shall be constructed of bronze or of granite or such 
other durable stone as, after investigation by the park commissioners, 
shall be recommended by them to and be approved by the Secretary 
of War. The number of markers shall be limited to such as, in the 
judgment of the Secretary of War, shall be necessary to designate 
important positions. 

3. Inscriptions upon monuments, tablets, and other memorials in 
any park to commands or individuals must be purely historical, com¬ 
piled without praise or censure, and confined solely to the campaign 
or battle which the park commemorates. They must be based upon 
and conform to the official reports of the campaign or battle as con¬ 
tained in the records of the War Department and must be submitted 

7 



8 


NATIONAL MILITARY PARKS. 


through the chairman of the park commission to the Secretary of War 
for his approval before being adopted or placed within the park. 

4. Monuments or other memorials erected under the authority of 
a State may be inscribed with the name of the State and its coat of 
arms; and, further, with a dedicatory or explanatory inscription 
showing that the monument or the memorial is erected by the State 
in honor of its officers and soldiers engaged in the operations com¬ 
memorated by the park in which erected. If desired by the State, 
the names of the officers and men so engaged, with designation of 
their organizations, may also be inscribed on such memorial or monu¬ 
ment, but in no case will the names of the State officials, reference to 
legislation or commissions, their compositions, or names of architects, 
designers, or sculptors be allowed to appear thereon. 

5. Monuments, tablets, or other memorials erected in honor of 
individuals maj T have placed thereon in each case an additional and 
separate inscription containing the dates of birth and death and a 
brief statement of the military history of the individual commemo¬ 
rated, to be located in such position as to avoid confusion with the 
main inscription relating to the individual’s participation in the cam¬ 
paign or battle, such additional inscription to be in accordance with 
the official records and subject to the approval of the Secretary of 
War. 

6. Monuments and other memorials donated by individuals, mili¬ 
tary societies, or other organizations in honor of any command may 
not be inscribed with the the names of individual donors, but in the 
case of recognized military societies the inscription may show that 
the monument or memorial is erected by such society; for instance, 
“The Society of the Army of the Potomac/’ “ The Army of the Cum¬ 
berland,” “The Army of the Ohio,” “The Society of Confederate 
Veterans.” 

The prohibition imposed in paragraph 4 is applicable hereto. 

7. The location proposed for each monument, marker, or other 
permanent memorial in any park shall be submitted to the Secretary 
of War, through the park commissioners, for his approval. No such 
memorial shall be erected until the approval of its location shall have 
been obtained. 

8. Regimental monuments shall be placed on brigade lines on 
ground where the regiments did notable fighting. If, however, a 
regiment became separated from its own brigade and distinguished 
itself particularly, while alone or attached to another brigade, its 
monument may be so placed as to show that fact. Memorial monu¬ 
ments erected by the States must be located on the ground upon 
which some of the troops of the State erecting the monuments were 
engaged. Where troops fought outside the limits of the park their 


REGULATIONS. 9 

monuments may be placed at such points within the park as the com¬ 
missioners of the park may designate. 

9. Brigades, divisions, and corps may be designated, in inscrip¬ 
tions, by their numbers where that method was used, or by the names 
of their respective commanders, or by both. 

10. No monument, marker, or tablet shall be moved, changed, 
cleaned, or repaired in any park except by the commission of said 
park or under its special authority in writing. 

11. Contractors for the erection of monuments in any of the na¬ 
tional military parks shall notify the park engineer or superintend¬ 
ent of the time when and place where they propose to begin work, and 
will receive from him a written permit specifying the monuments to 
be erected. After the completion of the work the contractors must 
clear the ground of all rubbish which they may haye accumulated and 
leave it in as good condition as at the commencement of the work. 

12. No work upon monuments or other markers or tablets within 
any one of the several parks or approaches thereto shall be permitted 
on Sunday. 

ROADS. 

13. The width of the tires of all mounted trucks or other vehicles 
carrying loads weighing 2,500 pounds or more over the roads of the 
several parks shall, with respect to the weight of the loads carried, be 
not less than those specified in the following table: 

Tires 

(inches). 


2,500 to 3,000 pounds. 2$ 

3,000 to 4,000 pounds. 3 

4,000 to 5,000 pounds. 4 

5,000 to 15,000 pounds. 4^ 

15,000 to 25,000 pounds. 5 

25,000 to 35,000 pounds. 6 


For loads exceeding 35,000 pounds 1 inch additional width of tire 
for each additional 5,000 pounds of load. 

No hauling of heavy monuments will be permitted in wet weather. 
No monument truck wagon or vehicle of any kind shall be driven on 
any of the avenues or roads of the several parks with locked wheels. 

It shall be the duty of the commissioners of the several parks to 
forbid and prevent the erection of any monuments or markers which 
shall have been hauled in violation of these regulations. 

14. All persons, in traveling by vehicles or on horseback over the 
roads of any of the parks, shall confine their course to the roads con¬ 
structed for such purpose and to the right-hand side of such roads, 
and in passing a vehicle going in the same direction they shall turn 
to the left. No person shall willfully dr knowingly use, for riding 
or driving over such roads, animals not broken or under control, 
3809—15———2 








10 


NATIONAL MILITARY PARKS. 


Automobiles and motor cycles to be used on the roads of the parks 
must be equipped with horns and with accurate and reliable speedom¬ 
eters, and shall not be run at a speed exceeding the rate of 12 miles 
per hour, or 8 miles per hour in approaching and rounding curves, 
at which time also the horns must be sounded. 

LEASES OF GOVERNMENT PROPERTY. 

15. Hereafter all leases of Government property within the several 
national military parks shall be executed by the Secretary of War on 
behalf of the United States as lessor and by the lessees. Such leases 
shall be executed in triplicate, one copy to be delivered to the lessee, 
one copy to be retained in the office files of the park within which the 
property is situated, and one copy to be returned to the Secretary of 
War for file in the- office of the Judge Advocate General with the 
deeds and other title papers pertaining to said park. 

MISCELLANEOUS PROVISIONS. 

16. The removal, destruction, mutilation, injuring, or defacement 
of any monument, statue, marker, guidepost, or other structure, or 
of any fence, railing, inclosure, or other work for ornament or pro¬ 
tection in any park is prohibited. 

17. Removing, destroying, breaking down, or otherwise injuring 
any tree, shrub, or plant growing upon any park is prohibited. 

18. Hunting with dog, gun, or trap, or interfering with birds or 
their nests within the limits of any park is prohibited. 

19. Parties are prohibited from camping within any park with¬ 
out the consent of the commissioners or superintendent thereof and 
then only upon such grounds as these officers may designate. Such 
parties will be held responsible for fires or other damages caused by 
them. 

20. The purchase or sale of intoxicating liquor within the limits 
of any park is prohibited. 

21. The throwing of stones or other missiles within the limits of 
any park is prohibited. 

22. The discharge of firearms, fireworks, or other explosives in 
any park without the consent of the Secretary of War or of the 
commissioners or superintendent of said park is prohibited. 

23. Photographs or other views or pictures shall not be taken in 
any park without the permission of the Secretary of War or of 
the commissioners or superintendent of said park. 

24. The soliciting of alms, contributions, or subscriptions in any 
park is prohibited. 

25. Advertisements or private notices shall not be posted or dis¬ 
played within any park or along the public roads leading thereto over 
which jurisdiction has been ceded to the United States. 


REGULATIONS. 


11 


26. No live stock of any kind shall be permitted to graze or roam 
at large in any park except under such restrictions and regulations 
as may be approved by the Secretary of War in the case of any 
particular park. 

27. Dogs shall not be allowed within the limits of any park unless 
accompanied by their owners. 

28. No persons other than authorized employees shall be permitted 
to reside permanently or engage in any business in any park except by 
authority of the Secretary of War, provided that, the sale of 
refreshments and souvenirs by persons not employees may be per¬ 
mitted by the commissioners or superintendents of the several parks 
on special public occasions. Employees of the parks shall not be 
permitted to engage in any occupation or private business such as 
farming, gardening, or merchandising except by authority of the 
commissioners or superintendent of the park in which employed. 

29. For safety, all automobiles using the avenues of the parks and 
public roads, ceded to and maintained by the United States, must 
display two headlights and one trail light, and the trail light must 
be in a position to show the license number of the car. 

30. No persons shall be permitted to offer their services or to act 
as guides in any park unless licensed for that purpose by the com¬ 
missioners or superintendent thereof. They shall be furnished with 
official badges as evidence of their authority, which shall remain 
the property of the United States and be returned to the park 
authorities upon revocation of their licenses. 

31. Employees of parks arc required at all times to be courteous 
to visitors. Visitors are expected to be orderly. They are invited 
to report in writing to the authorities in charge of any park any 
incivility or neglect on the part of any employees or guides thereof. 




STATUTES. 




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INDEX TO STATUTES. 


Paragraph. 

General. 1_12 

Use for maneuvers. 1 

Same. 2 

Same, regulations. 3 

Destruction of or injury to monuments, trees, etc. 4 

Trespassing for the purpose of hunting, shooting, etc. 5 

Superintendents, etc., may make arrests. 6 

Entry upon a reservation for a purpose prohibited by law. 7 

Cutting or injuring trees, etc. 8 

Cutting and chipping trees to secure pitch, etc. 9 

Breaking fences, driving cattle, etc., upon reservations. 10 

Ejectment of lessees. 11 

Vacancies in offices of commissioners not to be filled. 12 

Chickamauga and Chattanooga National Military Park. 13-36 

Extent. 13 

Designation, boundaries, and area. 14 

Supervision of Secretary of War. 15 

Agreements before purchase with owners for future occupation and use of 

lands held by them. 16 

Commissioners, appointment. 17 

Same, where located. 18 

Same, duties. 19 

Same, shall mark locations of troops and lines of battle. 20 

Secretary of War shall make regulations... 21 

Appropriation for preliminary work. 22 

Beduction of area. 23 

Purchases. 24 

Same. 25 

Same. 26 

Purchase of sites for monuments in Lookout Valley.. 27 

States authorized to mark lines of battle, erect monuments, etc. 28 

States authorized to take and use stone, gravel, etc., found within the park 

for foundations. 29 

Location of monuments. 30 

Same, State memorials. 31 

Leases. 32 

Donation of land for roads. 33 

Marking locations with condemned cannon and cannon balls. 34 

Destruction of or injury to monuments, fences, trees, etc. 35 

Bight of way to Chattanooga Kapid Transit Co. 36 

Gettysburg National Park. 37-50 

Acquisition of lands from the Gettysburg Battlefield Memorial Association. 37 

Designation. 38 

Commissioners, compensation, duties. 39 

Acquisition of additional lands. 40 

Same, condemnation. 41 


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NATIONAL MILITARY PARKS. 


Paragraph 

Disbursements to be approved by the Secretary of War and reported annually 

to Congress. 42 

Marking positions with tablets, opening and improving avenues, etc. 43 

Same, continuation of work. 44 

Improvement and maintenance of public roads. 45 

Specimens of arms, uniforms, etc., used in battle to be preserved for his¬ 
torical purposes in museum on field. 46 

Leases. 47 

Erection of tablet to contain President Lincoln’s Gettysburg address. 48 

Destruction of or injury to monuments, fences, trees, etc., and hunting 

within the park. 49 

Regulations. 50 

Shiloh National Military Park. 51-61 

Extent, designation. 51 

Acquisition of lands...*. 52 

Commissioners, appointment, compensation. 53 

Same, duties. 54 

Same, location of office; limitation upon cost of lands. . ... 55 

States authorized to mark lines of battle by monuments, tablets, etc. 56 

Leases. 57 

Destruction of or injury to monuments, fences, trees, etc. 58 

Disbursements to be approved by the Secretary of War and reported an¬ 
nually to Congress. 59 

Condemned cannon, cannon balls, etc. 60 

Same. 61 

Vicksburg National Military Park. 62-69 

Establishment, extent. 62 

Acquisition of lands. 63 

Leases. 64 

Commissioners, appointment, compensation. 65 

Same, duties. 66 

States authorized to mark lines of battle by monuments, tablets, etc. 67 

Destruction of or injury to monuments, fences, trees, etc., and hi nting 

within the park. 68 

Disbursements to be approved by the Secretary of War and reported an¬ 
nually to Congress. 69 
































STATUTES. 


GENERAL. 

1. Use for maneuvers. —In order to obtain practical benefits of 
great value to the country from the establishment of national mili¬ 
tary parks, said parks and their approaches are hereby declared to 
be national fields for military maneuvers for the Regular Army of 
the United States and the National Guard or Militia of the States: 
Provided , That the said parks shall be opened for such purposes 
only in the discretion of the Secretary of War, and under such 
regulations as he may prescribe. 1 — Act of May 15, 1896 {29 Stat., 
120 ). 

2. Same. —The Secretary of War is hereby authorized, within the 
limits of appropriations which may from time to time be available 
for such purpose, to assemble, at his discretion, in camp at such 
season of the year and for such period as he may designate, at such 
field of military maneuvers, such portions of the military forces of 
the United States as he may think best, to receive military instruc¬ 
tion there.— Sec. 2, id. 

3. Same, regulations. —The Secretary of War is further author¬ 
ized to make and publish regulations governing the assembling of 
the National Guard or Militia of the several States upon the maneu¬ 
vering grounds, and he may detail instructors from the Regular 
Army for such forces during their exercises.— Sec. 2, id. 

4. Destruction of or injury to monuments, trees, etc. —Every 
person who willfully destroys, mutilates, defaces, injures, or removes 
any monument, statue, marker, guidepost, or other structure, or who 
willfully destroys, cuts, breaks, injures, or removes any tree, shrub, 
or plant within the limits of any national parks, shall be deemed 
guilty of a misdemeanor, punishable by a fine or not less than ten 
dollars nor more than one thousand dollars for each monument, 
statue, marker, guidepost, or other structure, tree, shrub, or plant 

1 Section 35 of the act of Feb. 2,1901 (31 Stat., 757), contained a provision that “the Secretary of War be, 
and he is hereby, authorized and directed to cause preliminary examinations and surveys to be made 
for the purpose of selecting four sites with a view to the establishment of permanent camp grounds for 
instruction of troops of the Regular Army and National Guard, with estimates of the cost of the sites and 
their equipment, with all modern appliances, and for this purpose is authorized to detail such officers of 
the Army as may be necessary to carry on the preliminary work; and the sum of ten thousand dollars is 
hereby appropriated for the necessary expense of such work, to be disbursed under the direction of the 
Secretary of War: Provided, That the Secretary of War shall report to Congress the result of such examina¬ 
tion and surveys; and no contract for said sites shall be made nor any obligations incurred until Congress 
shall approve such selections and appropriate the money therefor." 


3808—15-3 


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NATIONAL MILITARY PARKS. 


destroyed, defaced, injured, cut, or removed, or by imprisonment for 
not less than fifteen days and not more than one year, or by both 
fine and imprisonment.— Act of March 3, 1897 ( 29 Stat., 621). 

5. Trespassing for the purpose of hunting, shooting, etc.— 
Every person who shall trespass upon any national parks for the 
purpose of hunting or shooting, or who shall hunt any kind of game 
thereon with gun or dog, or shall set trap or net or other device 
whatsoever thereon for the purpose of hunting or catching game of 
any kind, shall be guilty of a misdemeanor, punishable by a fine of 
not more than one thousand dollars or by imprisonment for not less 
than five days or more than thirty days, or by both fine and impris¬ 
onment.— Sec. 2, id. 

6. Superintendents, etc., may make arrests. —The superintend¬ 
ent or any guardian of such park is authorized to arrest forthwith 
any person engaged or who may have been engaged in committing 
any misdemeanor named in this act, and shall bring such person 
before any United States commissioner or judge of any district or 
circuit court of the United States within either of the districts 
within which the park is situated, and in the district within which 
the misdemeanor has been committed, for the purpose of holding 
him to answer for such misdemeanor, and then and there shall make 
complaint in due form. 1 — Sec. 3, id. 

7. Entry upon a reservation for a purpose prohibited by 
law. —Whoever shall go upon any military reservation, Army post, 
fort, or arsenal for any purpose prohibited by law or military regu¬ 
lation made in pursuance of law, or whoever shall reenter or be found 
within any such reservation, post, fort, or arsenal after having been 
removed therefrom or ordered not to reenter by any officer or person 
in command or charge thereof, shall be fined not more than five hun¬ 
dred dollars or imprisoned not more than six months, or both.— Sec. 
J+5, act of March 4 , 1909, Criminal Code (35 Stat., 1097). 

8. Cutting or injuring trees, etc. —Whoever shall unlawfully 
cut, or aid in unlawfully cutting, or shall wantonly injure or destroy, 
or procure to be wantonly injured or destroyed, any tree growing, 
standing, or being upon any land of the United States which, in 
pursuance of law, has been reserved or purchased by the United 
States for any public use, or upon any Indian reservation, or lands 
belonging to or occupied by any tribe of Indians under the author¬ 
ity of the United States, shall be fined not more than five hundred 
dollars, or imprisoned not more than one year, or both.— Sec. 50, id. 

9. Cutting and chipping trees to secure pitch, etc. —Whoever 
shall cut, chip, chop, or box any tree upon any lands belonging to 
the United States or upon any lands covered by or embraced in any 

1 For other statutes respecting the punishment of offenses committed in national military parks, see 
pars. 7, 8, 9, 10, 35, 49, 58, and 68, post. 




STATUTES. 


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unperfected settlement, application, filing, entry, selection, or loca¬ 
tion, made under any law of the United States, for the purpose 
of obtaining from such tree any pitch, turpentine, or other substance, 
or shall knowingly encourage, cause, procure, or aid in the cutting, 
chipping, chopping, or boxing of any such tree, or shall buy, trade 
for, or in any manner acquire any pitch, turpentine, or other sub¬ 
stance, or any article or commodity made from any such pitch, tur¬ 
pentine, or other substance, when he has knowledge that the same 
has been so unlawfully obtained from such trees, shall be fined not 
more than five hundred dollars, or imprisoned not more than one 
year, or both.— Sec. 51, id. 

10. Breaking fences, driving cattle, etc., upon reserva¬ 
tions. —Whoever shall knowingly and unlawfully break, open, or 
destroy any gate, fence, hedge, or wall inclosing any lands of the 
United States which, in pursuance of any law, have been reserved or 
purchased by the United States for any public use; or whoever shall 
drive any cattle, horses, hogs, or other live stock upon any such lands 
for the purpose of destroying the grass or trees on said lands, or 
where they may destroy the said grass or trees; or whoever shall 
knowingly permit his cattle, horses, hogs, or other live stock, to enter 
through any such inclosure upon any such lands of the United States, 
where such cattle, horses, hogs, or other live stock may or can destroy 
the grass or trees or other property of the United States on the said 
lands, shall be fined not more than five hundred dollars, or imprisoned 
not more than one year, or both:* Provided, That nothing in this sec¬ 
tion shall be construed to apply to unreserved public lands.— Sec. 
56, id. 

11. Ejectment of lessees. —Any person to whom land lying 
within any national parks may have been leased, who refuses to give 
up possession of the same to the United States after the termination 
of the said lease, and after possession has been demanded for the 
United States by any park commissioner or the park superintendent, 
or any person retaining possession of land lying within the boundary 
of said park which he or she may have sold to the United States for 
park purposes and have received payment therefor, after possession 
of the same has been demanded for the United States by any park 
commissioner or the park superintendent, shall be deemed guilty 
of trespass, and the United States may maintain an action for the 
recovery of the possession of the premises so withheld in the courts 
of the United States, according to the statutes or code of practice 
of the State in which the park may be situated. 1 — Sec. 4, id. 

12. Vacancies in offices of commissioners not to be filled.— 
Hereafter vacancies occurring by death or resignation in the mem- 


1 For enactments authorizing leases of land included within the limits of national military parks, see 
pars. 32, 47, 57, and 64, post. 



20 


NATIONAL MILITARY PARKS. 


bership of the several commissions in charge of national military 
parks shall not be filled, and the duties of the offices thus vacated 
shall devolve upon the remaining commissioners or commissioner for 
each of said parks: Provided, That as vacancies occur hereunder the 
Secretary of War shall become ex officio a member of the commis¬ 
sion effected with full authority to act with the remaining commis¬ 
sioners or commissioner, and in case of the vacation of all the offices 
of commissioner in any one park hereunder the duties of such com¬ 
mission shall thereafter be performed under the direction of the 
Secretary of War .—Act of August 21+, 1912 {37 Stat., 1+1+2). 

CHICKAMATJGA AND CHATTANOOGA NATIONAL MILITARY PARK. 

13. Extent. —For the purpose of preserving and suitably marking 
for historical and professional military study the fields of some of 
the most remarkable maneuvers and most brilliant fighting in the 
War of the Rebellion and upon the ceding of jurisdiction to the 
United States by the States of Tennessee and Georgia, respectively, 
and the report of the Attorney General of the United States that 
the title to the lands thus ceded is perfect, the following described 
highways in those States are hereby declared to be approaches to 
and parts of the Chickamauga and Chattanooga National Military 
Park as established by the second section of this act, to wit: First, 
the Missionary Ridge Crest road from Sherman Heights at the 
north end of Missionary Ridge, in Tennessee, where the said road 
enters upon the ground occupied‘by the Army of the Tennessee 
under Major General William T. Sherman, in the military operations 
of November twenty-fourth and twenty-fifth, eighteen hundred and 
sixty-three; thence along said road through the positions occupied 
by the army of General Braxton Bragg on November twenty-fifth, 
eighteen hundred and sixty-three, and which were assaulted by the 
Army of the Cumberland under Major General George H. Thomas 
on that date, to where the said road crosses the southern boundary 
of the State of Tennessee, near Rossville Gap, Georgia, upon the 
ground occupied by the troops of Major General Joseph Hooker, 
from the Army of the Potomac, and thence in the State of Georgia 
to the junction of said road with the Chattanooga and Lafayette or 
State road at Rossville Gap; second, the Lafayette or State road 
from Rossville, Georgia, to Lee and Gordon’s Mills, Georgia; third, 
the road from Lee and Gordon’s Mills, Georgia, to Crawfish Springs, 
Georgia; fourth, the road from Crawfish Springs, Georgia, to the 
crossing of the Chickamauga at Glass’ Mills, Georgia; fifth, the Dry 
Valley road from Rossville, Georgia, to the southern limits of Mc¬ 
Farland’s Gap in Missionary Ridge; sixth, the Dry Valley and 
Crawfish Springs road from McFarland’s Gap to the intersection 
of the road from Crawfish Springs to Lee and Gordon’s Mills; seventh, 


STATUTES. 


21 


the road from Ringold, Georgia, to Reed’s Bridge on the Chicka- 
mauga River; eighth, the roads from the crossing of Lookout Creek 
across the northern slope of Lookout Mountain and thence to the 
old Summertown road and to the valley on the east slope of the said 
mountain and thence by the route of General Joseph Hooker’s 
troops to Rossville, Georgia, and each and all of these herein described 
roads shall, after the passage of this act, remain open as free public 
highways, and all rights of way now existing through the grounds 
of the said park and its approaches shall be continued .—Act of 
August 19, 1890 {26 Stat ., 383). 

14. Designation, boundaries, and area.— Upon the ceding of 
jurisdiction by the legislature of the State of Georgia, and the report 
of the Attorney General of the United States that a perfect title has 
been secured under the provisions of the act approved August first, 
eighteen hundred and eighty-eight, entitled “An act to authorize 
condemnation of land for sites for public buildings, and for other 
purposes,” the lands and roads embraced in the area bounded as 
herein described, together with the roads described in section one of 
this act, are hereby declared to be a national park, to be known as the 
Chickamauga and Chattanooga National Park; that is to say, the 
area inclosed by a line beginning on the Lafayette or State road, in 
Georgia, at a point where the bottom of the ravine next north of the 
house known on the field of Chickamauga as the Cloud House, and 
being about six hundred yards north of said house, due east to the 
Chickamauga River and due west to the intersection of the Dry Val¬ 
ley road at McFarlands Gap ; thence along the west side of the Dry 
Valley and Crawfish Springs roads to the south side of the road from 
Crawfish Springs to Lee and Gordons Mills; thence along the south 
side of the last-named road to Lee and Gordons Mills ; thence along 
the channel of the Chickamauga River to the line forming the north 
ern boundary of the park as hereinbefore described, containing seven 
thousand six hundred acres, more or less.— Sec. 2, id. 

15. Supervision of Secretary of War.— The said Chickamauga 
and Chattanooga National Park, and the approaches thereto, shall 
be under the control of the Secretary of War, and it shall be his 
duty, immediately after the passage of this act, to notify the Attor¬ 
ney General of the purpose of the United States to acquire title to 
the roads and lands described in the previous sections of this act 
under the provisions of the act of August first, eighteen hundred and 
eighty-eight : and the said Secretary, upon receiving notice from the 
Attorney General of the United States that perfect titles have been 
secured to the said lands and roads, shall at once proceed to establish 
and substantially mark the boundaries of the said park.— Sec. 3, id. 

16. Agreements before purchase with owners for future 
occupation and use of lands held by them. —The Secretary of 


22 


NATIONAL MILITARY PARKS. 


War is hereby authorized to enter into agreements, upon such 
nominal terms as he may prescribe, with such present owners of the 
land as may desire to remain upon it, to occupy and cultivate their 
present holdings, upon condition that they will preserve the present 
buildings and roads, and the present outlines of field and forest, and 
that they will only cut trees or underbrush under such regulations 
as the Secretary may prescribe, and that they will assist in caring for 
and protecting all tablets, monuments, or such other artificial works 
as may from time to time be erected by proper authority.— Sec. 4, id. 

17. Commissioners, appointment. —The affairs of the Chicka- 
mauga and Chattanooga National Park shall, subject to the super¬ 
vision and direction of the Secretary of War, be in charge of three 
commissioners each of whom shall have actively participated in the 
Battle of Chickamauga or one of the battles about Chattanooga, two 
to be appointed from civil life by the Secretary of War, and a third, 
who shall be detailed by the Secretary of War from among those 
officers of the Army best acquainted with the details of the battles 
of Chickamauga and Chattanooga, who shall act as secretary of the 
commission. The said commissioners and secretary shall have an 
office in the War Department Building, and while on actual duty 
shall be paid such compensation, out of the appropriation provided 
in this act, as the Secretary of War shall deem reasonable and just.— 
Sec. 5, id. 

18. Same, where located.— The affairs of the Chickamauga and 
Chattanooga National Military Park shall, subject to the supervision 
and direction of the Secretary of War, be in charge of three commis¬ 
sioners, to be appointed by the Secretary of War, each of whom 
shall have actively participated in the Battle of Chickamauga, or 
in one of the battles about Chattanooga; one of whom, upon desig¬ 
nation by the Secretary of War, shall act as chairman, and another as 
secretary of the commission. The said commissioners shall have an 
office in Chattanooga, Tennessee, and shall receive compensation at 
the rate of three hundred dollars per month .—Act of April 8, 1910 
(36 Stat ., 298). 

19. Same duties. —It shall be the duty of the commissioners named 
in the preceding section, under the direction of the Secretary of War, 
to superintend the opening of such roads as may be necessary to the 
purposes of the park, and the. repair of the roads of the same, and 
to ascertain and definitely mark the lines of battle of all troops en¬ 
gaged in the battles of Chickamauga and Chattanooga, so far as 
the same shall fall within the lines of the park as defined in the 
previous sections of this act, and, for the purpose of assisting them 
in their duties and in ascertaining these lines, the Secretary of War 
shall have authority to employ, at such compensation as he may 
deem reasonable and just, to be paid out of the appropriation made 


STATUTES. 


23 


by this act, some person recognized as well informed in regard to 
the details of the battles of Chickamauga and Chattanooga, and who 
shall have actively participated in one of those battles, and it shall 
be the duty of the Secretary of War from and after the passage of 
. this act, through the commissioners, and their assistant in historical 
work, and under the act approved August first, eighteen hundred 
and eighty-eight, regulating the condemnation of land for public 
uses, to proceed with the preliminary work of establishing the park 
and its approaches as the same are defined in this act, and the ex¬ 
penses thus incurred shall be paid out of the appropriation provided 
by this act. 1 — Sec. 6, id. 

20. Same, shall mark locations of troops and lines of 
battle.— It shall be the duty of the commissioners, acting under 
the direction of the Secretary of War, to ascertain and substantially 
mark the locations of the regular troops, both infantry and artillery, 
within the boundaries of the park, and to erect monuments upon 
those positions as Congress may provide the necessary appropria¬ 
tions; and the Secretary of War in the same way may ascertain and 
mark all lines of battle within the boundaries of the park and erect 
plain and substantial historical tablets at such points in the vicinity 
of the park and its approaches as he may deem fitting and neces¬ 
sary to clearly designate positions and movements, which, although 
without the limits of the park, were directly connected with the 
battles of Chickamauga and Chattanooga.— Sec. 7, id. 

21. Secretary of War shall make regulations. —The Secre¬ 
tary of War, subject to the approval of the President of the United 
States, shall have the power to make, and shall make, all needed 
regulations for the care of the park and for the establishment and 
marking of the lines of battle and other historical features of the 
park.— Sec. 9 , id. 

22. Appropriation for preliminary work. —To enable the Sec¬ 
retary of War to begin to carry out the purposes of this act, includ¬ 
ing the condemnation and purchase of the necessary land, marking 
the boundaries of the park, opening or repairing necessary roads, 
maps, and surveys, and the pay and expenses of the commissioners 
and their assistant, the sum of one hundred and twenty-five thousand 
dollars, or such portion thereof as may be necessary, is hereby appro¬ 
priated out of any moneys in the Treasury not otherwise appropriated, 
and disbursements under this act shall require the approval of the 
Secretary of War, and he shall make annual report of the same to 
Congress.— Sec. 11, id. 

i All vouchers in support of disbursements under the act of Aug. 19,1890 (26 Stat., 333), providing for 
the Chickamauga and Chattanooga National Military Park, and the acts supplementary thereto, lequire 
the approval of the Secretary of War. (9 Comp. Dec., 446.) 




24 


NATIONAL MILITARY PARKS. 


23. Reduction of area. —The Secretary of War, upon the recom¬ 
mendation of the Chickamauga Park Commissioners, may confine the 
limits of the park to such reduced area, within the bounds fixed by 
the said act, as may be sufficient for the purposes of the said act, and 
the acquisition of title by the United States to such reduced area 
shall be held to be a compliance with the terms of said act, and such 
title shall be procured by the Secretary of War and under his direc¬ 
tion in accordance with the methods prescribed in sections four, five, 
and six of the act approved February twenty-second, eighteen hun¬ 
dred and sixty-seven, entitled “An act to establish and protect na¬ 
tional cemeteries,” which procurement of title shall be held to be a 
compliance with the act establishing the said park, and the Secre¬ 
tary of War shall proceed with the establishment of the park as 
rapidly as jurisdiction over the roads of the park and its approaches 
and title to the separate parcels of land which compose it may be 
obtained from the United States.— Act of March 3, 1891 (26 Stat., 
978). 

24. Purchases. —To enable the Secretary of War to complete the 
establishment of the Chickamauga and Chattanooga National Mili¬ 
tary Park according to the terms of existing laws, including surveys, 
maps, models in relief, the purchase of Orchard Knob and Sher¬ 
man’s Earthworks, and for observation towers and the purchase of 
sites for two of them, one hundred and fifty thousand dollars.— Act 
of August 5, 1892 (27 Stat., 376). 

25. Same. —To enable the Secretary of War to complete the estab¬ 

lishment of the Chickamauga and Chattanooga National Military 
Park, according to the terms of existing laws, including the con¬ 
struction of roads, surveys, maps, iron gun carriages, administration 
building, the purchase of land within the legal area of the park and 
the north point of Lookout Mountain, 1 and for widening roads, for 
bronze historical tablets, repairs to bridges, one observation tower 
on Orchard Knob; 2 * * * in all, one hundred thousand dol¬ 

lars.— Act of March 3, 1893 (27 Stat., 376). 

26. Same. —To * * * complete the establishment of the park, 

* * * including road construction, * * * foundations for 

State monuments, the purchase of the north end of Missionary 
Ridge, and monument sites in the vicinity of Glass’s Mills * * * 

in all, seventy-five thousand dollars.— Act of August 18, 1894 (28 
Stat., 403). 


1 The act of July 1,1890 (30 Stat., 629), contains provision for the completion of this purchase. 

2 The term “or other public building of any kind whatever,” used in sec. 355, Rev. Stats., held to include 
the “observation towers,” for the erection of which in the Chickamauga and Chattanooga National Park 
appropriations were made in the acts of Aug. 5,1892, and Mar. 3,1893. Consent by the legislature of the 
State to the purchase of the land by the United States is therefore requisite before the appropriation can 
legally be expended. (Dig. Opin. J. A. G., 940 G. 1.) 



STATUTES. 


25 


27. Purchases of sites for monuments in Lookout Valley.— 

To * * * complete the establishment of the * * * park, 

* * * including road work, memorial gateway and designs there¬ 
for , * * * land the purchase of which has heretofore been 

authorized by law, sites for monuments in Lookout Valley, not to 
exceed three hundred dollars in all; in all, seventy-five thousand 
dollars.— Act of March 2, 1895 {28 Stat945). 

28. States authorized to mark lines of battle, erect monu¬ 
ments, etc. —It shall be lawful for the authorities of any State hav¬ 
ing troops engaged either at Chattanooga or Chickamauga, and for 
the officers and directors of the Chickamauga Memorial Association, 
a corporation chartered under the laws of Georgia, to enter upon 
the lands and approaches of the Chickamauga and Chattanooga 
National Park for the purpose of ascertaining and marking the lines 
of battle of troops engaged therein: Provided, That before any such 
lines are permanently designated the position of the lines and the 
proposed methods of marking them by monuments, tablets, or other¬ 
wise shall be submitted to the Secretary of War, and shall first 
receive the written approval of the Secretary, which approval shall 
be based upon formal written reports, which must be made to him in 
each case by the commissioners of the park.— Sec. 8, act of August 
19, 1890 {26 Stat., 333). 

29. States authorized to take and use stone, gravel, etc., 
found within the park for foundations. —The said board of com¬ 
missioners heretofore appointed pursuant to the statute creating said 
park is hereby empowered to authorize the boards or representatives 
of the several States building monuments upon said battlefield to 
take and use, under such rules and regulations and upon such terms as 
said national commission may direct, such stone and other material, 
including sand and gravel, as may be necessary to construct the foun¬ 
dation for any such monuments, and which may be found within 
the territory of said national park, and the roads and highways 
leading thereto.— Joint resolution No. 8, October 2,1893 {28 Stat., 12). 

30. Location of monuments. —No monuments or memorials shall 
be erected upon any lands of the park, or remain upon any lands 
which may be purchased for the park, except upon ground actually 
occupied in the course of the battle by troops of the State which the 
proposed monuments are intended to commemorate, except upon 
those sections of the park set apart for memorials to troops which 
were engaged in the campaigns, but operated outside of the legal 
limits of the park; and the regulations of the commissioners of the 
park, as approved by the Secretary of War, promulgated December 
fourteenth, eighteen hundred and ninety-five, are hereby affirmed.— 
Act of February 26, 1896 {29 Stat., 21). 


26 


NATIONAL MILITARY PARKS. 


31. Same, State memorials. —State memorials shall be placed on 
brigade lines of battle under the direction of the park commission.— 
Act of June 4, 1897 (30 Stat., 43). 

32. Leases. —The Secretary of War may lease the lands of the 
park at his discretion, either to former owners or other persons, for 
agricultural purposes, the proceeds to be applied by the Secretary 
of War to the repairs of roads and the care of the park; and from 
this appropriation the Secretary of War is authorized to pay the 
disbursing officer of the War Department the sum of five hundred 
dollars for disbursing this and former appropriations for said park. 1 — 
Act of August 5, 1892 (27 Stat., 376). 

33. Donation of land for road. —The Secretary of War is hereby 
authorized to accept on behalf of the United States donations of land 
for road purposes.— Act of March 3, 1893 (27 Stat., 599). 

34. Marking locations with condemned cannon and cannon 
balls. —The Secretary of War and the Secretary of the Navy are 
hereby authorized to deliver to the Commissioners of the Chicka- 
mauga and Chattanooga National Military Park, at the park, such 
number of condemned cannon and cannon balls as their judgment 
may approve, for the purpose of their work of indication and mark¬ 
ing location on the battlefields of Chickamauga, Missionary Ridge, 
and Lookout Mountain.— Act of August 5, 1892 (27 Stat., 376). 

35. Destruction of or injury to monuments, fences, trees, 
etc. —If any person shall willfully destroy, mutilate, deface, injure, 
or remove any monument, column, statues, memorial structure, or 
work of art that shall be erected or placed upon the grounds of the 
park by lawful authority, or shall willfully destroy or remove any 
fence, railing, inclusure, or other work for the protection or orna¬ 
ment of said park, or any portion thereof, or shall willfully destroy, 
cut, hack, bark, break down, or otherwise injure any tree, bush, or 
shrubbery that may be growing upon said park, or shall cut down 
or fell or remove any timber, battle relic, tree or trees growing or 
being upon such park, except by permission of the Secretary of War, 
or shall willfully remove or destroy any breastworks, earthworks, 
walls, or other defenses or shelter, or any part thereof, constructed 
by the arimies formerly engaged in the battles on the lands or ap¬ 
proaches to the park, any person so offending and found guilty thereof, 
before any justice of the peace of the county in which the offense may 
be committed, shall for each and every such offense forfeit and pay a 
fine, in the discretion of the justice, according to the aggravation of 
the offense, of not not less than five nor more than fifty dollars, one- 
half to the use of the park and the other half to the informer, to be 
enforced and recovered, before such justice, in like manner as debts of 


1 See also section 4, act of Aug. 19, 1890 (26 Stat., 333), par. 16, ante. 




STATUTES. 27 

like nature are now by law recoverable in the several counties where 
the offense may be committed. 1 — Sec. 10, id. 

36. Right of way to Chattanooga Rapid Transit Company.— 
The Secretary of War is hereby authorized, at his discretion, and 
upon the favorable recommendation of the Chickanjauga and Chat¬ 
tanooga National Park Commission, to grant a right of way to the 
Chattanooga Rapid Transit Company to lay a single track across the 
Dry Valley Road at such point or place thereon as said commission 
may determine upon; and also, upon like recommendation of said 
commission, may grant such other concessions as may be necessary 
to permit the said Chattanooga Rapid Transit Company to extend 
its lines*to the Chickamauga and Chattanooga National Park: Pro¬ 
vided, That such grant or grants shall only become or be operative- 
on the condition that the track and tracks and roadbed of said com¬ 
pany and the right of way for any and all extensions of its road to 
said park from the point of crossing said Dry Valley Road shall 
first be definitely fixed and located upon a line or lines which shall be 
satisfactory to and approved by said commission; and no part of 
said line or lines of road, after being so located, established, built, or 
constructed shall be changed, moved, or extended without the con¬ 
sent in writing of said commission thereto being first had and obtained, 
and upon the further condition that an agreement satisfactory to said 
commission and approved by it shall be entered into on the part of 
said company for the proper maintenance of the crossing of said Dry 
Valley Road, and at all times keeping the same in proper repair and 
condition .—Act of May 7, 1898 (30 Stat., 399). 

GETTYSBURG NATIONAL MILITARY PARK. 

37. Acquisition of lands from the Gettysburg Battlefield 
Memorial Association. —The Secretary of War is hereby authorized 
to receive from the Gettysburg Battlefield Memorial Association, a 
corporation chartered by the State of Pennsylvania, a deed of convey¬ 
ance to the United States of all the lands belonging to said associa¬ 
tion, embracing about eight hundred acres, more or less, and being a 
considerable part of the battlefield of Gettysburg, together with ail 
rights of way over avenues through said lands acquired by said asso¬ 
ciation, and all improvements made by it in and upon the same. 
Upon the due execution and delivery to the Secretary of War of such 
deed of conveyance the Secretary of War is authorized to pay to the 
said Battlefield Memorial Association the sum of two thousand dol¬ 
lars, or so much thereof as may be necessary to discharge the debts 
of said association, the amount of such debts to be verified by the 
officers thereof, and the sum of two thousand dollars is hereby ap- 


i For general provisions on this subject, see act of Mar. 3, 1897 (29 8tat., 621), pars. 4 to 11, ante. 



28 


NATIONAL MILITARY PARKS. 


propriated out of any money in the Treasury not otherwise appro¬ 
priated to meet and defray such charges.— Act. of February 11, 1895 
(28 Stat651). 

38. Designation. —As soon as the lands aforesaid shall be conveyed 
to the United States the Secretary of War shall take possession of the 
same, and such other lands on the battlefield as the United States 
have acquired, or shall hereafter acquire, by purchase or condemna¬ 
tion proceedings: and the lands aforesaid shall be designated and 
known as the “Gettysburg National Park.” 1 — Sec. 2, id. 

39. Commissioners, compensation, duties.— The Gettysburg Na¬ 
tional Park shall, subject to the supervision and direction of the 
Secretary of War, be in charge of the commissioners heretofore 
appointed by the Secretary of War for the location and acquisition 
of lands at Gettysburg and their successors; the said commissioners 
shall have their office at Gettysburg, and while on duty shall be 
paid such compensation out of the appropriation provided in this 
act as the Secretary of War shall deem reasonable and just. And it 
shall be the duty of the said commissioners, under the direction of 
the Secretary of War, to superintend the opening of such additional 
roads as may be necessary for the purposes of the park and for the 
improvement of the avenues heretofore laid out therein, and to 
properly mark the boundaries of the said park, and to ascertain and 
definitely mark the lines of battle of all troops engaged in the Battle 
of Gettysburg, so far as the same shall fall within the limits of the 
park. 2 — Sec. 3, id. 

40. Acquisition of additional lands. —The Secretary of War is 
hereby authorized and directed to acquire, at such times and in such 
manner as he may deem best calculated to serve the public interest, 
such lands in the vicinity of Gettysburg, Pennsylvania, not exceed¬ 
ing in area the parcels shown on the map prepared by Major General 
Daniel E. Sickles, United States Army, and now on file in the office 
of the Secretary of War, which were occupied by the infantry, 
cavalry, and artillery on the first, second, and third days of July, 
eighteen hundred and sixty-three, and such other adjacent lands as 
he may deem necessary to preserve the important topographical 
features of the battlefield: Provided, That nothing contained in this 
act shall be deemed and held to prejudice the rights acquired by 


1 'W here certain land, part of the battlefield of Gettysburg, was in danger of being so cut up and altered 
by the construction of an electric railroad as to cause the obliteration of important tactical positions occu¬ 
pied by the different commands engaged in the battle, advised that the Attorney General be requested to 
have initiated the proper proceedings for the condemnation of the land so that the United States may 
acquire the fee, and for an injunction restraining the railroad company from constructing or operating its 
road upon the land pending the condemnation proceedings. (Dig. Opin. J. A. G., 913c.) 

2 Any act of Congress which plainly and directly tends to enhance the respect and love of the citizen for 
the institutions of his country and to quicken and strengthen his motives to defend them, and which is ger¬ 
mane to and intimately connected with and appropriate to the exercise of some one or all of the powers 
granted by Congress, must be valid, and the proposed use in this case comes within such description. 
(17. S. v. Gettysburg Electric Railway Co., 160 U. S., 668.) 



STATUTES. 


29 


any State or by any military organization to the ground on which 
its monuments or markers are placed, nor the right of way to the 
same.— Sec. J, id. 

41. Same, condemnation. —For the purpose of acquiring the lands 
designated and described in the foregoing section not already ac¬ 
quired and owned by the United States, and such other adjacent 
land as may be deemed necessary by the Secretary of War for the 
preservation and marking of the lines of battle of the Union and 
Confederate Armies at Gettysburg, the Secretary of War is author¬ 
ized to employ the services of the commissioners heretofore appointed 
by him for the location, who shall proceed, in conformity with his 
instructions and subject in all things to his approval, to acquire such 
lands by purchase, or by condemnation proceedings, to be taken by 
the Attorney General in behalf of the United States, in any case in 
which it shall be ascertained that the same can not be purchased at 
prices deemed reasonable and just by the said commissioners and 
approved by the Secretary of War. And such condemnation pro¬ 
ceedings may be taken pursuant to the act of Congress approved 
August first, eighteen hundred and eighty-eight, regulating the con¬ 
demnation of land for public uses, or the joint resolution authoriz¬ 
ing the purchase or condemnation of land in the vicinity of Gettys¬ 
burg, Pennsylvania, approved June fifth, eighteen hundred and 
ninety-four.— Sec. 5, id. 

42. Disbursements to be approved by the Secretary Of War 

and reported annually to Congress. —To enable the Secretary of 
War to carry out the purposes of this act, including the purchase or 
condemnation of the land described in sections four and five of this 
act, opening, improving, and repairing necessary roads and avenues, 
providing surveys and maps, * * * seventy-five thousand dol¬ 

lars, or so much thereof as may be necessary, is hereby appropriated, 
out of any money in the Treasury not otherwise appropriated; and 
all disbursements made under this act shall require the approval of 
the Secretary of War, who shall make annual report of the same to 
Congress.— Sec. 9, id. 

43. Marking positions with tablets, opening and improving 
avenues, etc. —For the purpose of preserving the lines of battle at 
Gettysburg, Pennsylvania, and for properly marking with tablets 
the positions occupied by the various commands of the Armies of the 
Potomac and of Northern Virginia on that field, and for opening and 
improving avenues along the positions occupied by troops upon those 
lines, and for fencing the same, and for determining the leading 
tactical positions of batteries, regiments, brigades, divisions, corps, 
and other organizations with reference to the study and correct 
understanding of the battle, and to mark the same with suitable 
tablets, each bearing a brief historical legend, compiled without praise 


30 


NATIONAL MILITARY PARKS. 


and without censure, the sum of twenty-five thousand dollars, to he 
expended under the direction of the Secretary of W ar. 1 Act of 
March 3, 1893 {27 Stat ., 599). 

44. Same, continuation of work.— For continuing the work of 
surveying, locating, and preserving the lines of battle at Gettysburg, 
Pennsylvania, and for purchasing, opening, constructing, and 
improving avenues along the portions occupied by the various com¬ 
mands of the Armies of the Potomac and Northern Virginia on that 
field, and for fencing the same; and for the purchase, at private sale or 
by condemnation, of such parcels of land as the Secretary of W ar may 
deem necessary for the sites of tablets, and for the construction of 
the said avenues; for determining the leading tactical positions and 
properly marking the same with tablets of batteries, regiments, 
brigades, divisions, corps, and other organizations with reference to 
the study and correct understanding of the battle, each tablet bear¬ 
ing a brief historical legend, compiled without praise and without 
censure; fifty thousand dollars, to be expended under the direction of 
the Secretary of War. 2 — Act of August 18, 1894 Stat., 40o). 

45. Improvement and maintenance of public roads. —The Sec¬ 
retary of War is hereby authorized in his discretion to improve and 
maintain the public roads within the limits of the national park at 
Gettysburg, Pennsylvania, over which jurisdiction has been or may 
hereafter be ceded to the United States: Provided, That nothing 
contained in this act shall be deemed and held to prejudice the 
rights acquired by any State or by any military organization to the 
ground on which its monuments or markers are placed nor the right 
of way to the same.— Act of June 10, 1896 {29 Stat., 384). 

46. Specimens of arms, uniforms, etc., used in battle to be 

PRESERVED FOR HISTORICAL PURPOSES IN MUSEUM ON FIELD. -The 

Secretary of War is hereby authorized and directed to deliver to the 
Gettysburg Battlefield Memorial Association, at Gettysburg, Penn¬ 
sylvania, specimens of the arms, equipments, projectiles, uniforms, 


1 This statute was held to be constitutional and within the power of Congress by the decision of the 
Supreme Court of the United States in the case of the United States v. The Gettysburg Electric Railway Co. 
(160 U. S., 668). But see U. S. v. Tract of Land, etc. (70 Fed. Rep., 940). 

2 The appropriations for the Gettysburg National Park, made in the acts of Aug. 18, 1894, and Feb. 11, 
1895, to the extent that they provide for objects common to both, are cumulative, while each is available 
f >r certain objects not provided for in the other. (2 Compt. Dec., 59.) 

The act of June 9,1880 (21 Stat., 170), contained the following provision: “That the sum of fifty thousand 
dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury 
not otherwise appropriated, to complete the survey of the Gettysburg battle field; also, to provide for the 
compilation of all available data used in locating troops on the engineer maps of that battle; also, to provide 
diagrams showing the changing movements and positions during the engagement; the whole to be done 
by or under the direction of Mr. John B. Bachelder, author of the position plates of the Government maps 
of that battle, under the direction of the Secretary of War: Provided, That no part of said sum shall be 
disbursed by the Secretary of War except for work actually performed or for materials furnished for the 
objects heretofore named; and that all the maps, data, and materials prepared for, or used for, the work 
contemplated by this act shall be the property of the Government, to be deposited in the Department 
of War: And 'provided further, That the sum hereby appropriated shall be in full satisfaction for all work 
done and all material collected by the said John B. Bachelder.” 



STATUTES. 


31 


and other material of war used by the armies in that battle (so far 
as may be practicable), for the purpose of exhibiting and preserv¬ 
ing them for historical purposes in the museum at the house used 
by Major General Meade for headquarters, now owned by the said 
association, or at such other place as the directors of the association 
may deem proper. And that the transportation to Gettysburg be 
furnished by the Quartermaster’s Department of the United States 
from the appropriation for the transportation of Army supplies.— 
Act of July 27, 1892 (27 Stat., 276). 

47. Leases. —The Secretary of War may lease the lands of the 
park, at his discretion, either to former owners or other persons, for 
agricultural purposes, the proceeds to be applied by the Secretary of 
War, through the proper disbursing officer, to the maintenance of 
the park . 1 —Act of June 4, 1897 (30 Stat., 44). 

48. Erection of tablet to contain President Lincoln’s Get¬ 
tysburg address.— The Secretary of War is hereby authorized and 
directed to cause to be made a suitable bronze tablet, containing on 
it the address delivered by Abraham Lincoln, President of the United 
States, at Gettysburg, on the nineteenth day of November, eighteen 
hundred and sixty-three, on the occasion of the- dedication of the 
national cemetery at that place, and such tablet, having on it be¬ 
sides the address a medallion likeness of President Lincoln, shall 
be erected on the most suitable site within the limits of said park, 
which said address was in the following words, to wit: 

“Four score and seven years ago our fathers brought forth 
on this continent a new nation, conceived in liberty and dedi¬ 
cated to the proposition that all men are created equal. 

“Now we are engaged in a great civil war, testing whether 
that nation, or any nation so conceived and so dedicated, can 
long endure. We are met on a great battlefield of that war. 
We have come to dedicate a portion of that field as a final 
resting place for those who here gave their lives that that 
nation might live. It is altogether fitting and proper that 
we should do this. 

“But, in a larger sense, we can not dedicate, we can not 
consecrate, we can not hallow this, ground. The brave men, 
living and dead, who struggled here have consecrated it far 
above our poor power to add or detract. The world will 
little note, nor long remember, what we say here; but it can 
never forget what they did here. It is for us, the living, 
rather to be dedicated here to the unfinished work which they 

i The requirement of the act of June 4, 1897, which authorizes the Secretary of War to lease the lands 
of the Gettysburg National Military Park for agricultural purposes that “the proceeds are to be applied 

* * * * to the maintenance of the park,” relates only to the proceeds of leases so made, and not to other 
proceeds of the lands. (4 Comp. Dec., 343.) 



32 


NATIONAL MILITARY PARKS. 


who fought here have thus far so nobly advanced. It is 
rather for us to bo here dedicated to the great task remaining 
before us; that from these honored dead we take increased de¬ 
votion to that cause for which they gave the last full measure 
of devotion; that we here highly resolve that these dead shall 
not have died in vain; that this nation, under God, shall have 
a new birth of freedom, and that government of the people, by 
the people, for the people, shall not perish from the earth.” 

And the sum of five thousand dollars, or so much thereof as may be 
necessary, is hereby appropriated, out of any money in the Treasury 
not otherwise appropriated, to pay the cost of said tablet and medal¬ 
lion and pedestal.— Sec. 8, act of February 11, 1895 {28 Stat ., 651). 

49. Destruction of or injury to monuments, fences, trees, 
etc., and hunting within the park.— If any person shall destroy, 
mutilate, deface, injure, or remove, except by permission of the Secre¬ 
tary of War, any column, statue, memorial structure, or work of art 
that shall be erected or placed upon the grounds of the park by lawful 
authority, or shall destroy or remove any fence, railing, inclosure, 
or other work for the protection or ornament of said park or any 
portion thereof, or shall destroy, cut, hack, bark, break down, or 
otherwise injure any tree, bush, or shrubbery that may be growing 
upon said park, or shall cut down or fell or remove any timber, 
battle relic, tree or trees, growing or being upon said park, or hunt 
within the limits of the park, or shall remove or destroy any breast¬ 
works, earthworks, walls, or other defenses or shelter or any part 
thereof constructed by the armies former^ engaged in the battles 
on the land or approaches to the park, or shall violate any regula¬ 
tion made and published by the Secretary of War for the government 
of visitors within the limits of said park, any person so offending 
and found guilty thereof, before any justice of the peace of the 
county in which the offense may be committed, shall, for each and 
every such offense, forfeit and pay a fine, in the discretion of the 
justice, according to the aggravation of the offense, of not less than 
five nor more than five hundred dollars, one-half for the use of the 
park and the other half to the informer, to be enforced and recov¬ 
ered before such justice in like manner as debts of like nature are 
now by law recoverable in the county where the offense may be com¬ 
mitted. 1 — Sec. 7, act of February 11, 1895 {28 Stat., 651). 

50. Regulations— It shall be the duty of the Secretary of War to 
establish and enforce proper regulations for the custody, preserva¬ 
tion, and care of the monuments now erected or which may be here¬ 
after erected within the limits of the said national military park; 
and such rules shall provide for convenient access by visitors to all 


1 For general statutes imposing penalties for offenses committed in national military parks, see act of 
Mar. 3, 1897 (29 Stat., 621), pars. 4 to 11, ante. 



STATUTES. 


33 


such monuments within the park, and the ground included therein, 
on such days and within such hours as may be designated and author¬ 
ized by the Secretary of War.— Sec. 6, act of February 11, 1895 {28 
Stat., 651). 

SHILOH NATIONAL MILITARY PARK. 

51. Extent, designation.-— In order that the armies of the South¬ 
west which served in the Civil War, like their comrades of the East¬ 
ern armies at Gettysburg and those of the Centra] West at Chicka- 
mauga, may have the history of one of their memorable battles pre¬ 
served on the ground where they fought, the battlefield of Shiloh, in 
the State of Tennessee, is hereby declared to be a national military 
park, whenever title to the same shall have been acquired by the 
United States and the usual jurisdiction over the lands and roads 
of the same shall have been granted to the United States by the 
State of Tennessee; that is to say, the area inclosed by the following 
lines, or so much thereof as the commissioners of the park may deem 
necessary, to wit: Beginning at low-water mark on the north bank 
of Snake Creek where it empties into the Tennessee River; thence 
westwardly in a straight line to the point where the river road to 
Crumps Landing, Tennessee, crosses Snake Creek; thence along the 
channel of Snake Creek to Owl Creek; thence along the channel of 
Owl Creek to the crossing of the road to Purdy, Tennessee; thence 
southwardly in a straight line to the intersection of an east and west 
line drawn from the point where the road to Hamburg, Tennessee, 
crosses Lick Creek, near the mouth of the latter; thence eastward 
along the said east and west line to the point where the Plamburg 
road crosses Lick Creek; thence along the channel of Lick Creek to 
the Tennessee River; thence along low-water mark of the Tennessee 
River to the point of beginning, containing three thousand acres, 
more or less, and the area thus inclosed shall be known as the Shiloh 
National Military Park: Provided, That the boundaries of the land 
authorized to be acquired may be changed by the said commis¬ 
sioners.— Sec. 1, act of December 27, 1894 {28 Stat., 597). 

52. Acquisition of lands. —The establishment of the Shiloh Na¬ 
tional Military Park shall be carried forward under the control and 
direction of the Secretary of War, who, upon the passage of this 
act, shall proceed to acquire title to the same either under the act 
approved August first, eighteen hundred and eighty-eight, entitled 
“An act to authorize the condemnation of land for sites of public 
buildings, and for other purposes,” or under the act approved Feb¬ 
ruary tw'enty-seventh, eighteen hundred and sixty-seven, entitled 
“An act to establish and protect national cemeteries,” as he may 
select, and as title is procured to any portion of the lands and roads 
within the legal boundaries of the park he may proceed with the 


34 


NATIONAL MILITARY PARKS. 


establishment of the park upon such portions as may thus be ac¬ 
quired.— Sec. 2, id. 

53. Commissioners, appointment, compensation. —The affairs of 
the Shiloh National Military Park shall, subject to the supervision 
and direction of the Secretary of War, be in charge of three com¬ 
missioners, to be appointed by the Secretary of War, each of whom 
shall have served at the time of the battle in one of the armies en¬ 
gaged therein, one of whom shall have served in the Army of the 
Tennessee, commanded by General U. S. Grant, who shall be chair¬ 
man of the commission; one in the Army of the Ohio, commanded 
by General D. C. Buell; and one in the Army of the Mississippi, 
commanded by General A. S. Johnston. The said commissioners 
shall have an office in the War Department Building, and while on 
actual duty shall be paid such compensation out of the appropria¬ 
tions provided by this act as the Secretary of War shall deem reason¬ 
able and just; and, for the purpose of assisting them in their duties 
and in ascertaining the lines of battle of all troops engaged and the 
history of their movements in the battle, the Secretary of War shall 
have authority to employ, at such compensation as he may deem 
reasonable, to be paid out of the appropriations made by this act, 
some person recognized as well informed concerning the history of 
the several armies engaged at Shiloh, and who shall also act as sec¬ 
retary of the commission.— Sec. J, id. 

54. Same, duties. —It shall be the duty of the commission named 
in the preceding section, under the direction of the Secretary of War, 
to open or repair such roads as may be necessary to the purposes of 
the park, and to ascertain and mark with historical tablets or other¬ 
wise, as the Secretary of War may determine, all lines of battle of 
the troops engaged in the Battle of Shiloh and other historical points 
of interest pertaining to the battle within the park or its vicinity, 
and the said commission in establishing this military park shall also 
have authority, under the direction of the Secretary of War, to 
employ such labor and services and to obtain such supplies and 
material as may be necessary to the establishment of the said park 
under such regulations as he may consider best for the interest of the 
Government, and the Secretary of War shall make and enforce all 
needed regulations for the care of the park.— Sec. 5, id. 

55. Same, location of office; limitation upon cost of lands.— 
The commissioners appointed under the act of Congress approved 
December twenty-seventh, eighteen hundred and ninety-four, to 
have charge, under the Secretary of War, of the affairs of the Shiloh 
National Military Park, shall have their office at Pittsburg Landing, 
Tennessee, or at such other point convenient to the battlefield of 
Shiloh, Tennessee, as the Secretary of War may direct; and the 
limit of cost of all the lands to be embraced in the said park is hereby 


STATUTES. 35 

fixed at not to exceed fifty thousand dollars. 1 — Act of March 2, 1895 
(28 StaL, 945). 

56. States authorized to mark lines of battle by monuments, 
tablets, etc. —It shall be lawful for any State that had troops 
engaged in the battle of Shiloh to enter upon the lands of the Shiloh 
National Military Park for the purpose of ascertaining and marking 
the lines of battle of its troops engaged therein: Provided , That 
before any such lines are permanently designated the position of the 
lines and the proposed methods of marking them by monuments, 
tablets, or otherwise shall be submitted to and approved by the 
Secretary of War, and all such lines, designs, and inscriptions for the 
same shall receive the written approval of the Secretary, which 
approval shall be based upon formal written reports, which must be 
made to him in each case by the commissioners of the park: Provided , 
That no discrimination shall be' made against any State as to the 
manner of designating lines, but any grant made to any State by 
the Secretary of War may be used by any other State.— Sec. 6, act of 
December 27, 1894 (28 Stat., 597). 

57. Leases. —The Secretary of War is hereby authorized to enter 
into agreements whereby he may lease, upon such terms as he may 
prescribe, with such present owners or tenants of the lands as may 
desire to remain upon it, to occupy and cultivate their present 
holdings upon condition that they will preserve the present buildings 
and roads and the present outlines of field and forest, and that 
they only will cut trees or underbrush under such regulations as the 
Secretary may prescribe, and that they will assist in caring for and 
protecting all tablets, monuments, or such other artificial works as 
may from time to time be erected by proper authority.— Sec. 3, id. 

58. Destruction of or injury to monuments, fences, trees, 
etc. —If any person shall, except by permission of the Secretary of 
War, destroy, mutilate, deface, injure, or remove any monument, col¬ 
umn, statues, memorial structures, or work of art that shall be erected 
or placed upon the grounds of the park by lawful authority, or shall 
destroy or remove any fence, railing, inclosure, or other work for 
the protection or ornament of said park, or any portion thereof, or 
shall destroy, cut, hack, bark, break down, or otherwise injure any 
tree, bush, or shrubbery that may be growing upon said park, or 
shall cut down or fell or remove any timber, battle relic, tree or trees 
growing or being upon said park, or hunt within the limits of the 
park, or shall remove or destroy any breastworks, earthworks, walls, 
or other defenses or shelter or any part thereof constructed by the 
armies formerly engaged in the battles on the lands or approaches 
to the park, any person so offending and found guilty thereof, before 

i The act of June 4,1897 (30 Stat., 43), contained the requirement that “the limit of cost of all the lands 
to be embraced in the said park is hereby increased to not to exceed fifty thousand dollars.” 



36 


NATIONAL MILITARY PARKS. 


any justice of the peace of the county in which the offense may be 
committed, or any court of competent jurisdiction, shall for each and 
every such offense forfeit and pay a fine, in the discretion of the 
justice, according to the aggravation of the offense, of not less than 
five nor more than fifty dollars, one half for the use of the park and 
the other half to the informer, to be enforced and recovered before 
such justice in like manner as debts of like nature are now by law 
recoverable in the several counties where the offense may be com¬ 
mitted. 1 — Sec. 7, id. 

59. Disbursements to be approved by the Secretary of War 
and reported annually to Congress. —To enable the Secretary of 
War to begin to carry out the purpose of this act, including the con¬ 
demnation or purchase of the necessary land, marking the bound¬ 
aries of the park, opening or repairing necessary roads, restoring 
the field to its condition at the time of the battle, maps and surveys, 
and the pay and expenses of the commissioners and their assistant, 
the sum of seventy-five thousand dollars, or such portion thereof as 
may be necessary, is hereby appropriated, out of any moneys in the 
Treasury not otherwise appropriated; and disbursements under this 
act shall require the approval of the Secretary of War, and he shall 
make annual report of the same to Congress.— Sec. 8, id. 

60. Condemned cannon, cannon balls, etc. —The Secretary of 
War and the Secretary of the Navy are hereby authorized to deliver 
to the Commissioners of the Shiloh National Military Park, at the 
park, upon the requisition of said commissioners, such condemned 
cannon, cannon balls, and shells as may be needed for the purposes 
of the park. Act o f June 11, 1896 {29 Stat., 442 ). 

61. Same. —The Secretary of War and the Secretary of the Navy 
are hereby authorized to deliver to the Commissioners of the Shiloh 
National Military Park, at the park, upon the requisition of the 
commissioners, such condemned cannon, cannon balls, and shells as 
may be needed for the purposes of the park .—Act of February 26, 
1898 {29 Stat., 442). 

VICKSBURG NATIONAL MILITARY PARK. 

62. Establishment, extent. —In order to commemorate the cam¬ 
paign and siege and defense of Vicksburg, and to preserve the his¬ 
tory of the battles and operations of the siege and defense on the 
ground where they were fought and were carried on, the battlefield 
of Vicksburg, in the State of Mississippi, is hereby declared to be 
a national military park whenever the title to the same shall have 
been acquired by the United States and the usual jurisdiction over 
the lands and roads of the same shall have been granted to the 
United States by the State of Mississippi; that is to say, the area 

1 For general statutes in respect to offenses in national military parks, see the act of Mar. 3,1897 (39 Stat., 
621), pars. 4 to 11, ante. 



STATUTES. 


37 


inclosed by the following lines, or so much thereof as the commis¬ 
sioners of the park may deem necessary, to wit: Beginning near the 
point where the graveyard road, now known as the City Cemetery 
road, crosses the line of the Confederate earthworks; thence north 
about eighty rods; thence in an easterly direction about one hundred 
and twenty rods; thence in a southerly direction, and keeping as 
far from the line of the Confederate earthworks as the purposes 
of the park may require and as the park commission, to be herein¬ 
after named, may determine, but not distant from the nearest point 
on said line of Confederate earthworks more than one hundred and 
sixty rods at any part, to a point about forty rods south and from 
eighty to one hundred and sixty rods east of Fort Garrott, also 
known as the “Square Fort”; thence 1 in a westerly direction to 
a point in the rear of said Fort Garrott; thence in a northerly direc¬ 
tion across the line of the Confederate earthworks and to a point 
about two hundred feet in the rear of the said line of Confederate 
earthworks; thence in a general northerly direction, and at an 
approximate distance of about two hundred feet in the rear of the 
line of Confederate earthworks as the conformation of the ground 
may require, to the place of beginning. This to constitute the main 
body of the park. In addition thereto a strip of land about two 
hundred and sixty-four feet in width, along and including the 
remaining parts of the Confederate earthworks, namely, from the 
north part of said main body of the park to and including Fort Hill 
or Fort Nogales on the high hill overlooking the national cemetery, 
and from the south part of said main body of the park to the edge 
of the bluff at the river below the city of Vicksburg; and also in 
addition thereto a strip of land about two hundred and sixty-four 
feet in width, as near as may be, along and including the Federal 
lines opposed to the Confederate lines herein and above named and 
not included in the main body of the park; and in further addition 
thereto such points of interest as the commission may deem neces¬ 
sary for the purposes of the park and the Secretary of War may 
approve; the whole containing about one thousand two hundred 
acres, and costing not to exceed forty thousand dollars . 1 —Act of Feb¬ 
ruary 21, 1899 {30 Stat., 841) • 

63. Acquisition of lands. —The establishment of the Vicksburg 
National Military Park shall be carried forward under the control 
and direction of the Secretary of War; and the Secretary of War 
shall, upon the passage of this act, proceed to acquire title to the 
same by voluntary conveyance or under the act approved August 

1 The act of February 9, 1900 (31 Stat., 12), contains the requirement that “the sum of five thousand 
dollars, or so much of said amount as may be necessary, may be expended, with the approval of the S ecre- 
tary of War, in addition to the amount authorized by section one of the act approved February twenty-first, 
eighteen hundred and ninety-nine, in the purchase of lands to be used as a part of the site of said park." 
This clause operates to increase the limit of expenditure for land from $40,000 to $45,000. By the act of June. 
6, 1900 (31 id. 625), the additional amount of $6,000 was appropriated for the purchase of lands. 



38 


NATIONAL MILITARY PARKS. 


first, eighteen hundred and eighty-eight, entitled “An act to author¬ 
ize the condemnation of land for sites of public buildings, and for 
other purposes,” or under act approved February twenty-second, 
eighteen hundred and sixty-seven, entitled “An act to establish and 
protect national cemeteries,” as he may elect or deem practicable; 
and when title is procured to all of the lands and roads within the 
boundaries of the proposed park, as described in section one of this 
act, he may proceed with the establishment of the park, and he shall 
detail an officer of the Engineer Corps of the Army to assist the 
commissioners in establishing the park.— Sec. 2, id. 

64. Leases. —The Secretary of War is hereby authorized to enter 
into agreements of leasing, upon such terms as he may prescribe, 
with such occupants or tenants of the lands as may desire to remain 
upon it, to occupy and cultivate their present holdings upon condi¬ 
tion that they will preserve the present buildings and roads and the 
present outlines of field and forest, and that they will only cut trees 
or underbrush under such regulations as the Secretary of War may 
prescribe, and that they will assist in caring for and protecting all 
tablets, monuments, or such other artificial works as may from time 
to time be erected by proper authority: Provided, That the United 
States shall at all times have and retain full right, power, and 
authority to take possession of any and all parts or portions of said 
premises and to remove and expel therefrom any such occupant, 
tenant, or other person or persons found thereon whenever the Sec¬ 
retary of War or the commissioners shall deem it proper or neces¬ 
sary; and such right, power, and authority shall be reserved in 
express terms in all leases and agreements giving or granting such 
occupant or tenant the right to remain in possession as herein con¬ 
templated; and thereupon said occupant or tenant or other persons 
who may be required to vacate said premises shall each and all at 
once surrender and deliver up the possession thereof.— Sec. 3 , id. 

65. Commissioners, appointment, compensation. —The affairs of 
the Vicksburg National Military Park shall, subject to the.supervi¬ 
sion and direction of the Secretary of War, be in charge of three 
commissioners, to be appointed by the Secretary of War, each of 
whom shall have served at the time of the siege and defense in one 
of the armies engaged therein, two of whom shall have served in the 
Army commanded by General Grant and one in the Army com¬ 
manded by General Pemberton. The commissioners shall elect one 
of their number chairman; they shall also elect, subject to the 
approval of the Secretary of War, a secretary, who shall also be his¬ 
torian, and who shall possess the requisite qualifications of a com¬ 
missioner, and they and the secretary shall have an office in the city 
of Vicksburg, Mississippi, or on the grounds of the park, and be paid 
such compensation as the Secretary of War shall deem reasonable 
and just.— Sec. 4, id. 


STATUTES. 


39 


66. Same, duties. —It shall be the duty of the commissioners 
named in the preceding section, under the direction of the Secretary 
of War, to restore the forts and the lines of fortification, the paral¬ 
lels and the approaches of the two armies, or so much thereof as may 
be necessary to the purposes of this park; to open and construct and 
to repair such roads as may be necessary to said purposes, and to 
ascertain and mark with historical tablets, or otherwise, as the Sec¬ 
retary of War may determine, the lines of battle of the troops engaged 
in the assaults, and the lines held by the troops during the siege 
and defense of Vicksburg, the headquarters of General Grant and 
of General Pemberton, and other historical points of interest per¬ 
taining to the siege and defense of Vicksburg within the park or its 
vicinity; and the said commissioners in establishing this military 
park shall also have authority under the direction of the Secretary of 
War to do all things necessary to the purposes of the park, and for its 
establishment under such regulations as he may consider best for the 
interest of the Government, and the Secretary of War shall make and 
enforce all needful regulations for the care of the park. 1 — Sec. 5 , id. 

67. States authorized to mark lines of battle by monuments, 
tablets, etc. —It shall be lawful for any State that had troops 
engaged in the siege and defense of Vicksburg to enter upon the lands 
of the Vicksburg National Military Park for the purpose of ascer¬ 
taining and marking the lines of battle of its troops engaged therein: 
Provided , That before any such lines are permanently designated the 
position of the lines and the proposed methods of marking them by 
monuments, tablets, or otherwise shall be submitted to and approved 
by the Secretary of War, and all such lines, designs, and inscriptions 
for the same shall first receive the written approval of the Secretary 
of War, which approval shall be based upon formal written reports 
which must be made to him in each case by the commissioners of the 
park; and no monument, tablet, or other designating indication shall 
be erected or placed within said park or vicinity without such writ¬ 
ten authority of the Secretary of War: Provided , That no discrimi¬ 
nation shall be made against any State as to the manner of designat¬ 
ing lines, but any grant made to any State by the Secretary of War 
may be used by any other State. The provisions of this section shall 
also apply to organizations and persons; and as the Vicksburg Na¬ 
tional Cemetery is on ground partly occupied by Federal lines dur¬ 
ing the siege of Vicksburg, the provisions of this section, as far as 
may be practicable, shall apply to monuments or tablets designating 
such lines within the limits of that cemetery.— Sec. 6 , id. 

i The employment of persons to aid the Vicksburg Military Park Commission in preparing abstracts 
jf title to and conveyances of lands to be purchased for park purposes is not the employment of “attorneys 
or counsel,” within the meaning of section 189, Revised Statutes, which provides that “no head of a depart¬ 
ment shall employ attorneys or counsel.” The employment of such persons is authorized, and compen- 
svtion for such services may be made from the appropriation made in section 8 of the act of February 21, 
1899 (30 Stat., 841; 6 Comp. Dec., 133). 




40 


NATIONAL MILITARY PARKS. 


68. Destruction of or injury to monuments, fences, trees, 
etc., hunting within the park. —If any person shall, except by 
permission of the Secretary of War, destroy, mutilate, deface, injure, 
or remove any monument, column, statue, memorial structure, tablet, 
or work of art that shall be erected or placed upon the grounds of 
the park by lawful authority, or shall destroy or remove any fence, 
railing, inclosure, or other work intended for the protection or orna¬ 
mentation of said park or any portion thereof, or shall destroy, cut, 
hack, bark, break down, or otherwise injure any tree, bush, or shrub 
that may be growing upon said park, or shall cut down or fell or 
remove any timber, battle relic, tree, or trees growing or being upon 
said park, or hunt within the limits of the park, or shall remove or 
destroy any breastworks, earthworks, walls, or other defenses or 
shelter on any part thereof constructed by the armies formerly 
engaged in the battles on the lands or approaches to the park, any 
person so offending and found guilty thereof, before any United 
States commissioner or court, justice of the peace of the county in 
which the offense may be committed, or any court of competent 
jurisdiction, shall for each and every such offense forfeit and pay 
a fine in the discretion of the said commissioner or court of the 
United States or justice of the peace, according to the aggravation 
of the offense, of not less than five nor more than five hundred dol¬ 
lars, one-half for the use of the park and the other half to the inform¬ 
ant, to be enforced and recovered before such United States com¬ 
missioner or court or justice of the peace or other court in like manner 
as debts of like nature are now by law reco ^erable in the several coun¬ 
ties where the offense may be committed. 1 — Sec. 7, id. 2 

69. Disbursements to be approved by the Secretary of War 
and reported annually to Congress.—To enable the Secretary of 
War to begin to carry out the purpose of this act, including the con¬ 
demnation or purchase of the necessary land, marking the boundaries 
of the park, opening or repairing necessary roads, restoring the field 
to its condition at the time of the battle, maps and surveys, material, 
labor, clerical and all other necessary assistants, and the pay and 
expenses of the commissioners and their secretary and assistants, 
the sum of sixty-five thousand dollars, or such portion thereof as 
may be necessary, is hereby appropriated, out of any moneys in the 
Treasury not otherwise appropriated, and disbursements under this 
act shall require the approval of the Secretary of War, and he shall 
make annual report of the same to Congress.— Sec. 8, id. 


1 The share in the fine offered by section 7 of the act of Feb. 21,1899 (30 Stat., 841), was apparently meant 
as a reward to the informant, and any other reward offered for final conviction would be an additional 
amount for the same service, the payment of which would be unauthorized. (14 Comp. Dec., 732.) 

2 For general statutes in respect to offenses in national military parks, see the act of Mar. 3, 1897 (39 Stat., 
621), pars. 4 to 11, ante. 


O 


























